Judicial system
Dr. Katoozian: I am afraid of lawyering.
The cheerful spirit of Dr. Amirnaser Katouzian, the father of Iranian legal science, in a ceremony that was held in the presence of a number of lawyers, judges, and university professors in Mashhad’s Shovarazi restaurant in 2016, in response to the question of whether you have any memory of being a lawyer, said: Official lawyer at all I have not I have a lawyer’s license, but I am afraid of lawyering. Actually, I have done two or three semi-lawyers.
I will tell you the story of one of them:
A man from Isfahan called and said in a thick Isfahan accent that he wants to represent you. I said: I am not a lawyer. He said: You have no right not to represent me, my work is stuck and you can solve it. This person spoke to me in such a way that I was impressed and said that you should come to Tehran so that we can talk.
His mother-in-law had a house when her husband died, which she gave to her brother-in-law to build and sell and transfer to anyone and for any amount he wanted. As they said, the brother-in-law intended to marry this woman, and since this did not happen, he stubbornly transferred the house, which was worth 4 million, to himself for the amount of 400 thousand tomans, which means 10 times less (it should be noted) About 20 years have passed since this story). Then he had filed an eviction request to evict the lady and her brother’s children from the property. The court ordered the evacuation! There are two groups of judges: some just implement the law and say that if the law is unjust, the legislator is responsible and has something to do with us. But another larger group has this concern in mind that as a thinking person they should have a role in these matters and it is not like they just obey and because this is a spirit of tyranny that history has imposed on us; They command us and we have to obey and we do not respect ourselves.
The executive summary was issued. I talked to one of my lawyer friends that you accept this case, I will write the bills, and he accepted. This woman and her children had cried so much in the presence of Mr. Vakil that this gentleman came to my house and said that my wife had vowed a sheep so that this matter would be fixed and he sacrificed the sheep. He even brought his license and said that the verdict has been issued, what should be done now?
Two phrases came to mind. One is that the lawyer is a trustee, and if he acts outside the limits of the trust, he becomes a surety. When the lawyer transfers the property to himself for one-tenth of the price, it means that he has exceeded the limits of fiduciary duty, and therefore his transaction is dubious and the client does not enforce this transaction.
Second, the phrase “transfer to anyone and at any price” does not mean that the person himself becomes a party to the transaction. The court had argued that the absolute application is limited to the perfect person, but this argument is not correct because the absolute application is limited to the ordinary common person. When we say rice, we mean the rice that is traditionally consumed, not the best kind. So, this transaction is a nosy one and he has no right to be a party to the transaction.
He went to the court and accepted that the action was nosy, but he referred it to the appeals court where he said that he can do business with anyone. The court confirmed the opinion I gave and said that the party did not know that the person himself would be a party to the transaction and that the transaction was dubious, and the verdict was issued that the transaction was dubious and the client would not enforce it. I am happy that I did this work so that the lawyers will accept me in their ranks./ Source: Soor Esrafil
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This post is written by Hasankrmn